- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Scottish Independence Referendum Act 2013, Paragraph 27.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
27(1)No material wholly or mainly relating to the referendum is to be published during the referendum period unless—S
(a)in the case of material which is, or is contained in, such a printed document as is mentioned in sub-paragraph (3), (4) or (5), the requirements of that sub-paragraph are complied with, or
(b)in the case of any other material, the requirements of sub-paragraph (6) are complied with.
(2)For the purposes of sub-paragraphs (3) to (5) the following details are “the relevant details” in the case of any material falling within sub-paragraph (1)(a), namely—
(a)the name and address of the printer of the document,
(b)the name and address of the promoter of the material, and
(c)the name and address of any person on behalf of whom the material is being published (and who is not the promoter).
(3)Where the material is a document consisting (or consisting principally) of a single side of printed matter, the relevant details must appear on the face of the document.
(4)Where the material is a printed document other than one to which sub-paragraph (3) applies, the relevant details must appear on either the first or last page of the document.
(5)Where the material is an advertisement contained in a newspaper or periodical—
(a)the name and address of the printer of the newspaper or periodical must appear on either its first or last page, and
(b)the relevant details specified in sub-paragraph (2)(b) and (c) must be included in the advertisement.
(6)In the case of material falling within sub-paragraph (1)(b), the following details, namely—
(a)the name and address of the promoter of the material, and
(b)the name and address of any person on behalf of whom the material is being published (and who is not the promoter),
must be included in the material unless it is not reasonably practicable to include the details.
(7)Where during the referendum period any material falling within sub-paragraph (1)(a) is published in contravention of sub-paragraph (1), then the following persons commit an offence, namely—
(a)the promoter of the material,
(b)any other person by whom the material is so published, and
(c)the printer of the document.
(8)Where during the referendum period any material falling within sub-paragraph (1)(b) is published in contravention of sub-paragraph (1), then the following persons commit an offence, namely—
(a)the promoter of the material, and
(b)any other person by whom the material is so published.
(9)A person who commits an offence under sub-paragraph (7) or (8) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(10)It is a defence for a person charged with an offence under sub-paragraph (7) or (8) to show—
(a)that the offence arose from circumstances beyond the person's control, and
(b)that the person took all reasonable steps, and exercised all due diligence, to ensure that that an offence under this paragraph would not be committed.
(11)Sub-paragraph (1) does not apply to any material published for the purposes of the referendum if the publication is required under or by virtue of any enactment.
(12)In this paragraph—
“print” means print by whatever means, and “printer” is to be construed accordingly,
“the promoter”, in relation to any material falling within sub-paragraph (1), means the person causing the material to be published,
“publish” means make available to the public at large, or any section of the public, in whatever form and by whatever means.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: